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Penitent Psychology In General Surrender

Posted on:2016-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2296330470979556Subject:Law
Abstract/Summary:PDF Full Text Request
Repentance subjective psychological form contains two aspects: Recognizing the criminal acts illegal, harmful to society and should be subject to punishment; with a repentant attitude and have the intention to avoid repeating. Objective performance contains three aspects: After the implementation of the crime can take the initiative to take effective measures to reduce the harm consequences caused by the crime; Actively cooperate with the investigation of public security of the judiciary, and in the process of questioning the attitude is honest, don’t intimidated, threatened witnesses, and plead guilty; Seriously observes prison regulations, accept education reform, and actively participate in the work during the prison.Surrender is a statutory sentencing definitely defined by "Criminal Law", which has an extremely important influence on the conviction and sentencing of the defendant. The nature of the surrender system should be combined by repentance surrendered psychology and save judicial resources, namely that the perpetrator has a psychological repentance, through the voluntary surrender and truthfully confessed to express their psychological repentances that reduce the likelihood of recidivismcompletely from the heart. Besides cases can be detected timely, the judicial process goes more smoothly, the victim can receive timely compensation in the material and spirit of proper appease because of the behavior of the perpetrator’s surrender, which improves judicial efficiency and saves judicial resources. Therefore, the establishment of surrender system also has two main purposes: to explore the perpetrator‘s penitence psychology; to detect cases timely, improve detection efficiency and save judicial resources.According to the purpose of the surrender system establishment in conjunction with the penalty purpose, identification of repentance is the key to determine the offender’s dangerousness and social harm. So whether offender penitents is standard to judge the whether the offender’s dangerousness and social harm is really reduced, thereby affecting the conviction and sentencing. As subjective manifestations of general surrender, even though repentance is not one of statutory surrendered elements, repentance has an extremely important role in definition of surrender and truthfully confessed. Repentance should be a subjective element to decide whether the defendant is surrendered.
Keywords/Search Tags:Surrender, Penitent, Surrendered, Truthfully confessed, Reasonable excuse
PDF Full Text Request
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